Camacho v. Doe
| Citation | 31 Misc.2d 692,221 N.Y.S.2d 262 |
| Parties | Application of Jose CAMACHO, Petitioner, v. John DOE, Richard Roe, John Styles and John Brown, whose true names are unknown, said names being fictitious, the persons intended being the inspectors of Election in and for the 26th Election District of the 6th Assembly District of the County of Bronx, and constituting the Board of Inspectors of Election of said Election District. |
| Decision Date | 10 October 1958 |
| Court | United States State Supreme Court (New York) |
Gene Crescenzi, New York City, for petitioner.
Charles H. Tenney, Corp. Counsel, New York City, for respondents.
Motion for an order requiring the respondents Inspectors of Election in the Election District in which petitioner claims residence to permit him to prove his literacy, at his option, in English or Spanish, and to permit him to register, is denied. It is conceded that petitioner is a citizen of the United States by reason of his being a native of Puerto Rico.
The Constitution of the State of New York and its statutes require that in order to vote all persons, except for physical disability, must be able to read and write English (N.Y.State Constitution, Article 2, § 1; N.Y.State Election Law, §§ 150, 168 and 201). None of these provisions contravene the United States Constitution. The petitioner is not denied the right to vote. Under the laws of this State, however, he must first learn to read and write English. This cannot be deemed an unreasonable requirement.
The Court finds no merit in the claims of petitioner that the treaty and the United States statutes relied upon afford him any rights not enjoyed by other citizens.
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Katzenbach v. Morgan New York City Board of Elections v. Morgan
...Amendments, is inapposite. Compare also Guinn v. United States, 238 U.S. 347, 366, 35 S.Ct. 926, 931, 59 L.Ed. 1340; Camacho v. Doe, 31 Misc.2d 692, 221 N.Y.S.2d 262 (1958), aff'd 7 N.Y.2d 762, 194 N.Y.S.2d 33, 163 N.E.2d 140 (1959); Camacho v. Rogers, 199 F.Supp. 155 (D.C.S.D.N.Y.1961). La......
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Morgan v. Katzenbach
...have sustained the validity of the literacy test. Camacho v. Doe, 7 N.Y.2d 762, 763, 194 N.Y.S.2d 33, 163 N.E.2d 140, affirming 31 Misc.2d 692, 221 N.Y.S.2d 262. 1 U.S.Const. art. IV, § 3. Puerto Rico came under American rule by virtue of the Treaty of Paris of 1899, ending the Spanish-Amer......
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Camacho v. Rogers
...raised in an action instituted in 1958 by this plaintiff against the Board of Elections in the Supreme Court of the State of New York. 221 N.Y.S.2d 262, affirmed by the Court of Appeals without opinion, Camacho v. Doe, 1959, 7 N.Y.2d 762, 194 N.Y.S.2d 33, 163 N.E.2d 140. Neither the 1960 Ci......
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United States v. County Bd. of Elections of Monroe Co., NY
...the law was not before the Court since no claim was made that the plaintiff was literate in a foreign language. See also Camacho v. Doe, 31 Misc.2d 692, 221 N.Y.S.2d 262, affirmed 7 N.Y.2d 762, 194 N.Y.S.2d 33, 163 N.E.2d 140 (1959); Camacho v. Rogers, 199 F.Supp. 155 (S.D.N.Y.1961). More s......